A music copyright lasts for the songwriter’s lifetime plus 70 years for any song written on or after January 1, 1978. That is the baseline answer to how long copyright lasts for music, but older songs and sound recordings run on separate clocks, and the year a work was published can shift its expiration by decades.
Every Song Carries Two Separate Copyrights
Before you can figure out when a piece of music becomes free to use, you need to know which copyright you’re asking about. Every recorded song has two.
The first covers the musical composition: the melody, harmony, and lyrics. This is the song in its abstract form, the version that could be written on sheet music. It belongs to the songwriter or, more often, the music publisher they signed with.1U.S. Copyright Office. Circular 50: Copyright Registration for Musical Compositions
The second covers the sound recording: the specific captured performance, sometimes called the master. The recording artist and record label usually own this one. Because these are two separate legal assets, they can have different owners and different expiration dates. A composition from 1925 can sit in the public domain while a recording of that same song made last year stays fully protected for decades.
Music Created in 1978 or Later
The Copyright Act of 1976 took effect on January 1, 1978, and governs everything written from that date forward. For a song by a single identified author, copyright runs for the author’s life plus 70 years.2Office of the Law Revision Counsel. 17 USC 302 – Duration of Copyright: Works Created on or After January 1, 1978 A writer who pens a hit at 30 and lives to 80 holds a copyright that won’t expire until 120 years after the song was written.
When two or more writers collaborate on a single unified work, copyright law treats the song as a joint work. The clock doesn’t start until the last surviving co-writer dies, then runs another 70 years.2Office of the Law Revision Counsel. 17 USC 302 – Duration of Copyright: Works Created on or After January 1, 1978 For a four-writer band, the youngest member’s lifespan effectively sets the duration for the whole song.
Works for Hire, Anonymous, and Pseudonymous Works
A different formula applies when no identified individual anchors the timeline. Works made for hire, anonymous works, and pseudonymous works are protected for 95 years from first publication or 120 years from creation, whichever expires first.2Office of the Law Revision Counsel. 17 USC 302 – Duration of Copyright: Works Created on or After January 1, 1978
Music written for a film soundtrack is the most common work-for-hire situation, but the status doesn’t attach automatically. Federal law limits commissioned works for hire to specific categories, and the parties must sign a written agreement designating the work as such.3Office of the Law Revision Counsel. 17 USC 101 – Definitions Music created by a salaried employee as part of the job also qualifies, without a separate agreement. In either case, the employer or commissioning party owns the copyright from the start.
Compositions Published Before 1978
Older music runs on an entirely different framework, and the rules change depending on exactly when the song was published. This is where most people go wrong, so the publication year matters.
Published in 1930 or Earlier
As of January 1, 2026, any musical composition published in 1930 or earlier is in the public domain in the United States.4Library of Congress. Lifecycle of Copyright: 1930 Works in the Public Domain These songs are free to perform, record, arrange, or remix without permission or royalties. The threshold advances one year every January 1, so works from 1931 will follow on January 1, 2027.
Published From 1931 Through 1963
Under the Copyright Act of 1909, published works got an initial 28-year term. To keep the copyright alive past that, the owner had to file a renewal application with the Copyright Office during the 28th year. Miss that window and the copyright expired permanently.5Office of the Law Revision Counsel. 17 USC 304 – Duration of Copyright: Subsisting Copyrights
For songs that were properly renewed, later legislation stretched total protection to 95 years from the publication date: the original 28-year term plus a renewal term Congress eventually extended to 67 years.5Office of the Law Revision Counsel. 17 USC 304 – Duration of Copyright: Subsisting Copyrights A composition published in 1940 and properly renewed stays protected through the end of 2035.
The renewal trap catches people off guard. A large share of works from this era were never renewed, so many mid-century songs that feel like they should still be protected actually aren’t. Checking the renewal records is essential before assuming a song from this window is still under copyright.
Published From 1964 Through 1977
Congress ended the renewal trap for works published between January 1, 1964, and December 31, 1977. The Copyright Renewal Act of 1992 made renewal automatic for these works, so no filing was required to keep the copyright alive.6eCFR. 37 CFR 202.17 – Renewals These compositions get the full 95 years of protection from their publication date. A song published in 1970 stays copyrighted through the end of 2065.
Sound Recordings Made Before 1972
Sound recordings have their own complicated history. Federal copyright law didn’t protect recordings at all until 1972, which left older recordings under a patchwork of state laws. The Music Modernization Act of 2018 pulled pre-1972 recordings under federal protection and set a phased schedule for when they enter the public domain.7U.S. Copyright Office. The Music Modernization Act
The schedule breaks down like this:8Office of the Law Revision Counsel. 17 USC 1401 – Federal Protection for Pre-1972 Sound Recordings
- Recordings published before 1923 entered the public domain on January 1, 2022.
- Recordings published from 1923 through 1946 are protected for 100 years from publication. Recordings from 1923 entered the public domain on January 1, 2024; those from 1925 became free on January 1, 2026.
- Recordings published from 1947 through 1956 are protected for 110 years from publication.
- All other recordings fixed before February 15, 1972 are protected until February 15, 2067, regardless of when they were made.
That last category is the broadest and the harshest. A recording made in 1957 and one made in 1971 hit the same 2067 expiration.
What Actually Enters the Public Domain Each Year
A copyright’s expiration date always lands on December 31 of its final year, so new works become free every January 1. On January 1, 2026, compositions published in 1930 joined the public domain, along with sound recordings from 1925.4Library of Congress. Lifecycle of Copyright: 1930 Works in the Public Domain Once a work is in the public domain, anyone can perform, record, sample, or arrange it without a license.
Here is the distinction that trips people up most. A composition being in the public domain does not free every recording of it. The 1925 song is free to use, but a 2024 recording of that song carries its own new sound recording copyright lasting the performer’s life plus 70 years. You can freely record your own version of a public domain melody. You can’t grab someone else’s recent recording of it.
New Arrangements of Public Domain Music
New arrangements of public domain compositions can carry their own separate copyrights. If an arranger adds original creative elements to a public domain melody, the new material qualifies for protection while the underlying song stays free for everyone.1U.S. Copyright Office. Circular 50: Copyright Registration for Musical Compositions A jazz reharmonization of a 1920s tune could be copyrighted for the new harmonic choices, but the original melody stays in the public domain. When registering such a work, the Copyright Office requires the applicant to identify what material is preexisting and what is new.
How to Check Whether a Specific Song Is Still Copyrighted
Given how many variables affect duration, verifying a song’s status before using it is the only safe approach.
The Copyright Office maintains a free online database called the Copyright Public Records System, which contains registration and recordation records from 1978 to the present, along with scanned catalog cards going back to 1870.9U.S. Copyright Office. Copyright Public Records System You can search by title, author, or registration number. For pre-1978 works, the older card catalog records are especially useful for confirming whether a renewal was filed during the critical 28th year.
For identifying who currently controls a composition, the performing rights organizations maintain searchable databases. ASCAP and BMI jointly operate a tool called Songview that covers nearly 40 million musical works and shows ownership by publisher and share percentage. You can search by song title, performer, writer, or publisher. These databases won’t tell you whether a copyright has expired, but they will show you who to contact if it hasn’t.